3 Types of Crimes

Subjective Intent: requires an actual subjective intent to cause a specific result

-mens rea: wilfully, purposefully,knowledge,intentionally

General Intent: requires only intent to do the prescribed act

-BAR: Battery, Arson, Rape

Strict Liability: no mens rea: drug crimes, bigamy, stat rape

Mistake of Fact

A defense where it negates the mens rea: Must be "honest"

Spec. Intent: Any mistake, reasonable or unreasonable

Gen. Intent: Only reasonable mistake

Strict Liability: Mistake of fact is no defense

*Mistake of law never a defense

Elements of a Crime

- Actus Reus

- Mens Rea

- Concurrence

- Causation

- Defenses

*Cut off liability at the highest ring

Self Defense

Reasonable non-deadly force is allowed where defendant reasonably believes it is necessary to avert imminent harm

Dead-force allowed:

a. to meet deadly force

b. to counter a threat of serious bodily harm

Voluntary Intoxication

A defense to a specific intent crime where it negates the mens rea

Not a defense to a general intent crime (BAR)

Insanity Defense

M'Naghten: Cognitive Test

a. D did not know the nature and quality of his act or

b. does not know what he was doing was wrong

ALI/MPC: Cognitive/volitional

Defendant lacks the substantial capacity to either

a. appreciate the criminality of his conduct or

b. conform his conduct to the req'ts of the law

Entrapment

Criminal Liability for Failure to Act where

A Legal Duty Exists

Duty may arise:

a. By Statute (tax return)

b. By K (lifeguard)

c. By creation of victim's peril

d. Relationship (Parent/child, wife/husband)

4 Forms of Mens Rea

First Degree

Intent to Kill: Specific intent

Felony Murder: killing occurs during commission or attempted commission of an inherently dangerous felony

BARRK: Battery, Arson, Rape, Robbery, Kidnap

Second Degree:

Intent to Cause Serious Bodily Harm: implied malice

Depraved Heart: highest form of negligent conduct

Manslaughter

Voluntary: Intentional Killing

a. adequate provocation: objective

b. Mistaken Justification

Involuntary: Unintentional

a. Gross or criminal negligence-subjective

b. Misdemeanor-manslaughter

Inchoate Offense

Solicitation

D entices, encourages, orders or requests another to commit a crime. Crime complete at this point

Merges into target offense

No defenses at common law

Inchoate Offense

Attempt

Elements

a. Intent to commit a crime

b. a "substantial step" in furtherance that goes beyond mere preparation

Merges into complete offense

Defenses: Legal Impossibility(Yes) Factual (No)

Unilateral Theory of Conspiracy

MPC

Agreement between two or more persons is not required

Only agreement by a single actor agreeing with another is needed 

Inchoate Offense

Conspiracy

Elements (common law)

a. Agreement between 2+ persons

b. Intent to achieve a criminal objective

Does not merge 

Withdrawal not a defense 

Accomplice Liability

An accomplice

a. Gives aid or encouragement

b. with the intent to achieve a criminal objective

Scope: all crimes "reasonably foreseeable"

Scope of Conspiracy

Pinkerton

All crimes committed in "furtherance" of 

Withdrawal from a Pinkerton crime requires timely notice

Agency Theory of

Felony Murder

Accessory after the fact

Knows of a completed crime and

Gives aid to hinder apprehension or conviction

Robbery

Larcey plus:

a. From the person or his presence

b. By force or threats

Embezzlment

Fraudulent conversion

of the personal property

of another

by one in lawful possession

Burglary

False Pretenses

Fale representation

of a past or present material fact

which causes the victim to pass title to the wrongdoer

bad checks, cc fraud, sales trade, securities violations

Parties to a Crime

Common law (Minority)

Establish Liability:

Principal in the first degree: D present at the scene of crime and commits at least one element of the crime

Principal in the second degree: D present at scene of crime, does not commit any element of crime but provides assistance

Accessory before fact: D not at the scene of crime, provides assistance ahead of time before the fact

Crime:

Accessory after fact: Someone who provides assistance to the fleeing criminal after the offense.

Chain Conspiracy

Large operation, one subject matter

Each person involved is a necessary part of the conspiracy, no need to know individuals personally 

Heat of Passion

Loses control and kills: less culpable and murder to voluntary manslaughter

Need:

1. Sudden Action

2. In heat of passion caused by

3. Legally adequate provocation

Larceny

Elements

a. taking and carrying away: D must get property away from owners control

b. Trespass: against will of owner

c. permanently deprive owner: wont get it back

d. personal property: not real property

Receiving Stolen Property

1. Person must actually receive

2. Personal property

3. With knowledge that it has been stolen

4. With the intent to permanently deprive the owner

Possession Offenses

Actual Possession: with knowledge, D physically has item

Constructive Possession: with knowledge, D maintains control over item though she does not physically have the item

Possession Presumption: 4 D's, one gun in car, jury can presume each was in control of the gun 

Arson

Malicious burning of the dwelling of another

scorching not enough